NEW YORK, Sept 30 (Reuters) - The U.S. Federal Trade
Commission allowed Chevron's ( CVX ) $53 billion purchase of
Hess Corp ( HES ) on Monday, in an order that barred Hess CEO
John Hess from Chevron's ( CVX ) board.
The FTC's order leaves Exxon Mobil's ( XOM ) challenge to
the deal, which is expected to stretch deep into next year, as
its final hurdle.
The proposed merger included a Chevron ( CVX ) board seat for Hess
when it was first announced last October, and the FTC sent a
second information request to Chevron ( CVX ) two months later.
Chevron ( CVX ) Chairman and CEO Mike Wirth welcomed the completion
of the FTC's review on Monday, but called it unfortunate that
John Hess would not be allowed to join the board.
"I have the utmost respect for John, the company he has
built, and the contributions he has made to our industry," he
said.
The FTC alleged that Hess -- the son of Hess Corp ( HES ) founder
Leon Hess -- had communicated publicly and privately with
members of the Organization of the Petroleum Exporting Countries
(OPEC) group of oil producers, and encouraged high-level
representatives of the group "in their stated mission to
stabilize global oil markets."
Allowing him to join Chevron's ( CVX ) board "would amplify Mr.
Hess's supportive messaging to OPEC and others, thereby
meaningfully increasing the likelihood that Chevron ( CVX ) would align
its production with OPEC's output decisions to maintain higher
prices," the FTC said.
Hess' board believes the claims are meritless, the company
said in a statement.
"Mr. Hess' public and private communications with OPEC
officials were consistent with his communications with U.S.
government officials, the International Energy Agency and global
business leaders on what will be needed to ensure an affordable
and orderly energy transition," the company said.
The allegations are similar to the FTC's claims against
former Pioneer Natural Resources CEO Scott Sheffield,
who was barred from joining Exxon Mobil's ( XOM ) board when the FTC
reviewed its $60 billion acquisition of Pioneer.
Sheffield has sought to have the claims withdrawn.
The two cases are "an important step towards ensuring that
U.S. oil producers are serving as a competitive check on OPEC+
rather than subordinating their independent decision-making to
the goals set by a cartel," FTC Chair Lina Khan and the
Commission's two other Democratic members said on Monday.
The FTC's two Republican commissioners voted against the
Chevron-Hess action, calling it politically motivated and
lacking basis in antitrust law.
"The proposition that Mr. Hess's comments could move global
oil markets is laughable," said Commissioner Andrew Ferguson.
The deal will still need to clear a challenge by Exxon Mobil ( XOM )
and CNOOC Ltd, Hess's partners in a Guyana joint
venture, who claim a right of first refusal to any sale of
Hess's Guyana assets, the prize in the proposed merger.
A three-judge arbitration panel is due to consider the case
next May. Chevron ( CVX ) and Hess say a decision is expected by August,
while Exxon Mobil ( XOM ) expects it by September 2025.
John Hess will be allowed to advise Chevron ( CVX ) on discussions
with Guyanese government officials, according to the FTC order.
The proposed all-stock acquisition is one of the largest in
a consolidating U.S. oil and gas industry where several
multibillion-dollar deals have been disclosed.